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आयकर अपीलीय अिधकरण,च"डीगढ़ "यायपीठ “ए” , च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH “A”, CHANDIGARH HEARING THROUGH: PHYSICAL MODE "ी आकाश दीप जैन, उपा"य" एवं "ी िव"म "सह यादव, लेखा सद"य BEFORE: SHRI. AAKASH DEEP JAIN, VP & SHRI. VIKRAM SINGH YADAV, AM आयकर अपील सं./ TO 528/Chd/ 2023 िनधा"रण वष" / Assessment Years : 2015-16, 2018-19 & 2019-20 Shri Kartik Budhiraja बनाम The DCIT B-311, Basti Hazoor Singh Central Circle-3 Gali No-1, Fazilka Ludhiana "थायी लेखा सं./PAN NO: BCVPK8673B अपीलाथ"/Appellant ""यथ"/Respondent िनधा"रती क" ओर से/Assessee by : Shri Ashwani Kumar, C.A and Shri Aditya Kumar, C.A राज"व क" ओर से/ Revenue by : Shri Rohit Sharma, CIT DR सुनवाई क" तारीख/Date of Hearing : 22/02/2024 उदघोषणा क" तारीख/Date of Pronouncement : 23/02/2024 आदेश/Order PER VIKRAM SINGH YADAV, A.M. :
All the above appeals have been filed by the Assessee against the order of the Ld. CIT(A)-5, Ludhiana each dated 19/07/2023. 2. Since the issues involved in all the above appeals are common and were heard together therefore they are being disposed off by this consolidated order.
With the consent of both the parties, we shall take up appeal in for the A.Y. 2015-16 as a lead case wherein the assessee has raised the following grounds:
That order passed u/s 250(6) of the Income Tax Act, 1961 by the Learned Commissioner of Income Tax (Appeals)-5, Ludhiana is against law and facts on the file in as much as he was not justified to decide the appeal ex-parte.
That the Learned CIT(A) was not justified in not deciding the appeal on merits. 3. That the order passed by the Learned Assessing Officer is non-est and bad in law in as much as the proceedings have not been conducted in the manner prescribed by the departmental instructions from time to time which are mandatory for compliance by the Learned Authorities particularly with respect to mentioning of Document Identification Number (DIN). 4. That assessment framed by the Learned Assessing Officer is without jurisdiction and thus, null and void.
Briefly the facts of the case are that the assessee is an individual and belongs to M/s Vera Group of Muktsar. The assessee has not filed his original return of income for A.Y. 2015-16. A search and seizure operation u/s 132(1) was carried out at the residential / business premises of the assessee on 25/10/2018. During the course of search & seizure operation, various incriminating documents were found and seized. Thereafter, the case was centralized with DCIT, Central Circle-2, Ludhiana. Accordingly, notice under section 153A of the Act was issued to the assessee on 27/01/2020. Again, the case was transferred to DCIT, Central Circle-3, Ludhiana vide order u/s 127 of the Act bearing No. Pr. CIT(C)/Ldh/JB-II/Cent.52/2019-20/5971 dt. 27/01/2020. In response to the notice, the assessee filed its return of income on 06/03/2021 and declaring net taxable income of Rs. 2,16,780/-. Subsequently, notice under section 142
(1) dt. 09/02/2021 alongwith detailed questionnaire was issued and served upon the assessee electronically and also notice under section 1432(2) was issued and served upon the assessee on 09/03/2021. 4.1 During the course of search proceedings certain documents has been seized from the residence of the assessee at B-311, St. No.1, Basti Hazoor Singh, Fazilka which contains the details of investment made in immovable properties. From the perusal of the seized document, the AO found that the assessee has advanced cash loan amounting to Rs. 1,95,000/- to Shri Surinder Kumar and the assessee has not filed his return of income under section 139(1) of the Income Tax Act, 1961 for the A.Y. 2015-16. The show cause notice under section 142(1) was issued to the assessee asking why the amount of cash loan advanced amounting to Rs. 1,95,000/- should not be considered as his unexplained income